CPL- Session 5 Flashcards
What are the powers of a police officer regarding arrests for a crime (felony or misdemeanor) in NYS?
A police officer may effect an arrest for a crime (felony or misdemeanor):
* Anywhere in NYS
* May pursue closely outside NYS if pursuit started in NYS
What are the powers of a police officer regarding arrests for petty offenses in NYS?
- Officers must have R.C.T.B (probable cause) that a petty offense was committed in his presence AND in his G.A.O.E. or within 100 yds
FREQUENT TEST QUESTION
Do not confuse this 100 yd limit with the 100yd/500 yd guidelines for court jurisdictions
Must officers inform an arrestee of their authority to arrest?
Officers must inform arrestees of authority and purpose unless fight or flight or other factors render this impractical
FREQUENT TEST QUESTION
When can officers conduct an arrest without a warrant?
- Any day at any hour
- Justifiable physical force including deadly physical force may be permissable
According to Payton v. New York what is required to enter a subject’s home to conduct an arrest?
Arrest Warrant
Absent consent or exigent circumstances
What are the conditions for civilian arrests of felonies?
- Must be IN FACT COMMITTED
- Can be made anywhere in the state.
What are the conditions for civilian arrests of offenses less than felonies?
- Must be IN FACT COMMITTED in the civilian’s presence
- Arrest can only be made in the county of commission
- Any day at any hour
- Justifiable physical force including deadly physical force may be permissable
Do civilians have a duty to inform an arrestee of the reason an arrest is being made?
Yes, unless fight, flight, or other factors make this impractical
What is the procedure after a police officer arrest?
Without unnecessary delay:
* Perform fingerprinting and processing
* Bring the defendant before a local criminal court
* File the appropriate accusatory instrument
What happens if the arrest is for a Class A, B, C, or D or E Felony in the acronym B-E-A2-R?
- The officer must bring the defendant before a local criminal court.
- Otherwise: serve the defendant with an appearance ticket
B- Bail Jumping / E- Escape 2nd / Absconding / R- Rape 3rd
If a defendant is arrested for a traffic related infraction or misdemeanor where can a defendant be brought instead of before the Local Criminal Court?
Local Criminal Court in the same county nearest available by highway travel to the point of arrest
What happens if reasonable cause to believe (probable cause) dissipates
The defendant should be released immediately
Ex. Deft arrested and twin walks in and confesses
In regards to a civilian arrest following the arrest of the defendant what are the appropriate next steps:
- Without unnecessary delay deliver the arrestee to a police officer
The police officer will subsequently: - Bring the defendant to the LCC
-or- - Issue an appearance ticket if permitted
The civilian without unnecessary delay must file the accusatory instrument with the court
What is the procedure for a private citizen arresting a child under 16 for a crime that would be a crime if committed by an adult?
- Inform the child of the cause of the arrest and require they submit except when custody is following immediate flight from the offense
- Without unnecessary delay the private citizen must take the child
1. To the child’s home
2. To a family court
3. To a police or peace officer
Fam Court Act 305.1
Under what conditions is an officer not required to take a civilian arrested individual into custody
When the officer has RCTB the person did not commit the offense or the arrest is not authorized
List the circumstances that require mandatory arrest.
- Any felony (except certain Grand Larceny 4th Degree)
- Violations of ‘stay away’ orders
- Family Offense in violation of an Order of Protection
- Misdemeanor Family Offenses unless victim requests otherwise (The officer shall not inquire whether the victim seeks an arrest)
If an officer believes more than one member of a household has committed a family offense misdemeanor must both parties be arrested?
No, officers will make an attempt to identify which individual was the primary physical aggressor
What must a police officer consider when identifying the primary physical aggressor in a family offense?
- Comparative extent of the injuries
- Threats of future harm
- Prior history of domestic violence
- Defensive actions
What is required when a family offense is committed against a person 65 or older?
A copy of the domestic violence incident report must be sent to the N.Y.S. Committee for the Coordination of Police Services to Elderly Persons.
What must a police officer do in relation to firearmsfollowing a report of a family offense arrest?
- May take temporary custody of any firearm or license to possess the same of any individual arrested or suspected of a family offense
- Must provide a receipt for weapons indicating where the firearms can be retrieved and the procedure
- Direct return of weapons within 48 hours unless prohibited
Weapons must be retained for at least two years unless ownership is legally transferred or firearms are returned
What is the Uniform Act on Close Pursuit?
A compact that governs peace officers entering a state in close pursuit to make arrests.
What happens if an arrest under the Uniform Act on Close Pursuit is not compliant?
The defendant will be immediately discharged.
What is the procedure governing a peace officer who makes an arrest in NYS from another state under the Uniform Act on Close Pursuit
- Arresting officer will bring the defendant to the Local Criminal Court of the jurisdiction of arrest
- Court will determine if the offense is an offense in the jurisdiction of the officer and NYS
- If in compliance the defendant will be brought back to the officer’s jurisdiction
- If not in compliance defendant will be immediately released
FREQUENTLY TESTED
An officer has reasonable suspicion a crime has been or is about to be committed. Where can the officer conduct a SQF.
Only in the officer’s GAOE
